Legal Opinion · Dissent

County of Cook v. Calumet & Chicago Canal & Dock Co.

Illinois Supreme Court

Decided January 18, 1890Published

Appeal from the Circuit Court of Cook county; the Hon. A. N. Waterman, Judge, presiding.

1DissentJustice Scholfield

I concede that where a circuit court renders a final judgment upon insufficient evidence, the only mode of correcting the error is by preserving the evidence in a bill of exceptions, and then taking the record, by appeal or writ of error, before the proper appellate tribunal for review. The circuit court retains no jurisdiction over a case after the expiration of the term at which final, judgment is rendered, and hence has no jurisdiction, after that term, to correct it in a matter of substance. But a final judgment is one that puts an end to the suit, at least until it shall be reversed or…

2Cases cited10 opinions

  1. Ogle v. LeeSupreme Court of the United States · 1804
  2. Walker v. OliverIllinois Supreme Court · 1872
  3. Belt v. DavisCalifornia Supreme Court · 1850
  4. McCall v. HitchcockCourt of Appeals of Kentucky · 1870
  5. Brush v. SeguinIllinois Supreme Court · 1860

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